A. W. Banister Co. v. P. J. W. Moodie Lumber Corp.

The Moodie corporation was tenant of the Banister company under a written lease for five years ending January 1, 1929, originally given to P. J. Wm. Moodie and by him assigned on February 9, 1924, to the Moodie corporation. It is not argued that the benefit as well as the burden of the covenants in the lease did not pass to the assignee. McNeil v. Ames, 120 Mass. 481, 485. Kacavas v. Toothacker, 278 Mass. 302. On August 1, 1928, the city took a strip of land fourteen feet wide along the front of the leased premises. This did not materially affect their use, and the Moodie corporation…